Sudan and South Sudan are teetering on the brink of all-out war from which neither would benefit. Increasingly angry rhetoric, support for each other’s rebels, poor command and control, and brinkmanship, risk escalating limited and contained conflict into a full-scale confrontation between the Sudanese Armed Forces (SAF) and the Sudan Peoples’ Liberation Army (SPLA). Diplomatic pressure to cease hostilities and return to negotiations must be exerted on both governments by the region and the United Nations (UN) Security Council, as well as such partners as the U.S., China and key Gulf states. The immediate priority needs to be a ceasefire and security deal between North and South, as well as in Southern Kordofan and Blue Nile. But equally important, for the longer-term, are solutions to unresolved post-referendum issues, unimplemented provisions of the Comprehensive Peace Agreement (CPA) (that ended the civil war in 2005), and domestic reforms in both countries. (…)

(…) Risky strategies

A game of “chicken” appears to be underway, in which both sides embark on risky strategies in the hope that the other will blink first. If neither does, the outcome will be disastrous for both.

Some suspect that President Kiir's tactics are intended to provoke a popular uprising in the North -- that he is gambling the attack on Heglig may be the proverbial straw that breaks the back of the ruling National Congress Party (NCP). However, little thought seems to have been given to the consequences if President Bashir is removed from power. (…) Bashir's fall could trigger a wild scramble by multiple armed actors for control of Khartoum and other parts of the country that would be hard, if not impossible, to restrain.

Kiir and the SPLM are also dangerously exposed. With South Sudan’s decision to stop oil production, 98 per cent of its governmental revenue has disappeared. Reserves and other stop-gap measures can only tide Juba over for some months, after which the SPLM would have to impose draconian budget cuts, including on the SPLA, which is a fractious force that includes many former foes. Khartoum has a long history of supporting its enemy's enemies. At relatively little cost it could continue to support Juba’s opponents and compound domestic instability for a government already plagued by weak institutions, limited reach and increasingly untenable financial circumstances.

Khartoum and Juba need to exercise restraint and consider carefully the consequences of their actions. The decision to abandon negotiations and resort to increasingly bellicose posturing can only hurt both. (…) Stability is necessary in both the North and the South for either to develop and prosper and, in turn, enjoy long-term stability.

Decades of mutual distrust

Decades of mutual distrust prevent either side from making good-will gestures and pursuing win-win negotiations. In such a febrile environment, the UN Security Council must reassert itself to preserve international peace and security. It should mobilise all possible leverage to bring the parties back to negotiations and agreement on the Joint Border Verification and Monitoring Mechanism (JBVMM), as well as encourage implementation of the border monitoring tasks outlined for the UN Interim Security Force in Abyei (UNISFA) in Resolution 2024 (2011), particularly near Heglig and Jau. (…)

(…) Unimplemented CPA provisions and deferred post-referendum issues

Fundamentally, the current conflict is rooted in the CPA's unimplemented provisions, such as the status of Abyei, the cancelled popular consultations in Southern Kordofan and Blue Nile and disputed borders, as well as unresolved issues stemming from separation. While they have acknowledged their interdependence, the two countries must still reach detailed agreements on many divisive issues, such as the joint exploitation of oil, transitional financial arrangements, citizenship, security and trade. The time for posturing and brinkmanship is past; they must return to the table promptly and sustain the focus and commitment necessary to hammer out and implement deals. Otherwise, if these critical issues are allowed to fester, they will undermine any ceasefire or limited peace deal. (…)

(…) A new unified international strategy

With developments increasingly appearing to be spiralling out of control, a new strategy is needed to avert an even bigger crisis. (…) The international community must focus not only on North-South issues or the situation in Southern Kordofan and Blue Nile, but also require the NCP to agree to an immediate, inclusive, national reform process. The first priority needs to be for a security deal that stops both the fighting between the North and the South, as well as Khartoum and the SRF, but for this to hold it must also be clearly linked to binding commitments to discuss and implement political reforms.

The UN – the Security Council – should exert pressure on the two presidents to meet and negotiate an immediate ceasefire. This should be based on the 29 June 2011 Agreement on Border Security and the Joint Political and Security Mechanism, as well as the 10 February 2012 Memorandum of Understanding on Non-Aggression and Cooperation. They also need to reach common ground on a security deal for Southern Kordofan and Blue Nile based on the 24 June 2011 Framework Agreement, to be monitored by an enhanced JBVMM.

To encourage reforms in Khartoum, a united international community, particularly the African Union (AU), Arab League and UN, should put pressure on the NCP to accept a free and unhindered national dialogue aimed at creating a national stabilisation program that includes defined principles for establishing an inclusive constitutional arrangement accepted by all. (…)

(…) If the NCP commits seriously to such a national reform agenda, regional actors and the wider international community should offer assistance. Major players like Saudi Arabia, Kuwait, Qatar, the Arab League, China, the U.S., EU and AU must recognise that reform is necessary for stability and requires their support. (…) Meanwhile, North-South relations may also be improved by greater domestic stability in South Sudan. Building institutions, extending service delivery, bolstering economic growth, and calming inter-communal tensions are among the priorities, and will be served in part by advancing promised political reforms. This includes an opening of political space inside and outside the SPLM, and an inclusive constitution-making process, that should be supported by partners and donors.